On motion of Senator Stollings, the Journal was approved and
the further reading thereof dispensed with.

The Senate proceeded to the second order of business and the
introduction of guests.

The Senate then proceeded to the third order of business.

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. House Bill No. 2158--A Bill to amend and reenact
§31A-8C-2 of the Code of West Virginia, 1931, as amended, relating
to the provision of financially-related services by banks and bank
holding companies, providing that a West Virginia state-chartered
banking institution may engage in a financially related activity
directly if a federal or state thrift, federal credit union, or
state bank chartered in another state may engage in that
financially related activity.

Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. Com. Sub. for House Bill No. 2395--A Bill to amend and
reenact §16-5P-15 of the Code of West Virginia, 1931, as amended,
relating to senior services in-home care registry; providing for 60
day waiver of initial registration fee; and clarifying rulemaking
authority for the Bureau of Senior Services to require an applicant
to obtain a state or federal criminal background check.

Referred to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. Com. Sub. for House Bill No. 2453--A Bill to amend and
reenact §15-3A-4 of the Code of West Virginia, 1931, as amended,
all relating to the activation of the Amber Alert Plan, requiring
a reporting law enforcement agency to report a suspected missing or
abducted child to the West Virginia Sate Police in the initial
stages of investigation, and requiring the West Virginia State
Police to contact Amber Alert for determination of alert criteria.

Referred to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of

Eng. House Bill No. 2543--A Bill to amend and reenact §12-4-14a of the Code of West Virginia, 1931, as amended, relating to
specifying that the subsidy provided to volunteer fire departments
to offset certain workers’ compensation premium increases apply to
increases attributable to the fire fighting service, rapid response
emergency medical service, ambulance service and diving service
components of the services provided by volunteer fire departments.

Referred to the Committee on Finance.

A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 2652--A Bill to amend and
reenact article 2, chapter 64 of the Code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the Department of Administration;
legislative mandate or authorization for the promulgation of
certain legislative rules by various executive or administrative
agencies of the state; authorizing certain of the agencies to
promulgate certain legislative rules in the form that the rules
were filed in the State Register; authorizing certain of the
agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to
promulgate certain legislative rules with various modifications
presented to and recommended by the Legislative Rule-Making Review
Committee and as amended by the Legislature; authorizing certain of
the agencies to promulgate certain legislative rules in the form
that the rules were filed in the State Register and as amended by
the Legislature; authorizing the Department of Administration to
promulgate a legislative rule relating to selecting design-builders
under the Design-Build Procurement Act; authorizing the Department
of Administration to promulgate a legislative rule relating to
state owned vehicles; authorizing the Consolidated Public
Retirement Board to promulgate a legislative rule relating to
general provisions; authorizing the Consolidated Public Retirement
Board to promulgate a legislative rule relating to benefit
determination and appeal; authorizing the Consolidated Public
Retirement Board to promulgate a legislative rule relating to the
Teachers’ Retirement System; authorizing the Consolidated Public
Retirement Board to promulgate a legislative rule relating to the
Public Employees Retirement System; and authorizing the
Consolidated Public Retirement Board to promulgate a legislative
rule relating to the West Virginia State Police.

Referred to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2013, and
requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 2717--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §7-7-14a, relating to requiring that sheriffs
provide ballistic resistant vests to deputy sheriffs; providing
standards for personal body armor; requiring payment of expenses by
county commission; limiting the construction of provisions; and
encouraging defrayment of expenses.

Referred to the Committee on Finance.

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. House Bill No. 2800--A Bill to amend and reenact §18-7A-3, §18-7A-14, §18-7A-17, §18-7A-23, §18-7A-25 and §18-7A-26 of the
Code of West Virginia, 1931, as amended, and to amend said code by
adding thereto a new section, designated §18-7A-14c, all relating
to the Teachers’ Retirement System; specifying the time period in
which a participating public employer allocates and reports gross
salary to the retirement board; including nonteachers within the
definition of present member; defining retire and retirement;
modifying the definition of teacher member; providing for the
correction of errors; requiring nonteachers to file a statement
with the retirement board detailing the length of service being
claimed for retirement credit; requiring that members granted prior
service credit for qualified military service shall have been
honorably discharged from active duty; providing for purchasing out
of state service credit for members who transferred from the
Teachers’ Defined Contribution Retirement System; providing that a
nonteaching member shall not be considered absent from service
while serving as an officer with a statewide professional teaching
association; requiring that members make written request to the
retirement board to receive credit for service previously credited
by the Public Employees Retirement System; providing that all
interest paid or transferred on service credit from the Public
Employees Retirement System be deposited in the reserve fund;
providing that an inactive member may elect to receive an annuity
at age sixty; providing that the sole primary beneficiary of a
member is eligible for an annuity if the contributor was fifty
years old with twenty-five years service; providing that a refund
beneficiary shall receive the contributor’s accumulated
contributions up to the plan year of contributor’s death; providing
that a refund beneficiary shall be paid the Teachers’ Defined
Contribution Retirement System member contributions transferred
plus the vested portion of employer contributions and any earnings;
providing that an actively contributing member who is at least
sixty years of age is eligible for an annuity; providing that any
member who has thirty years of total service in the state as a
nonteaching member is eligible for an annuity; specifying that
anyone who becomes a new member on or after July 1, 2013, shall
have five or more years of actual contributory service to qualify
for retirement; providing that a nonteaching member who is fifty-
five years of age and has served thirty years in the state is
eligible for an annuity; providing that a nonteaching member is
eligible for disability benefits; providing for the computation of
a member’s annuity; and providing for the commencement date of
disability annuity benefits.

At the request of Senator Unger, and by unanimous consent, the
message was taken up for immediate consideration and reference of
the bill to a committee dispensed with.

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. Com. Sub. for House Bill No. 2802--A Bill to amend and
reenact §16-5V-2, §16-5V-8, §16-5V-11, §16-5V-20, §16-5V-21 and
§16-5V-24 of the Code of West Virginia, 1931, as amended, and to
amend said code by adding thereto two new sections, designated §16-5V-8a and §16-5V-35, all relating to the Emergency Medical Services
Retirement System; modifying the definition of annual compensation
as it relates to determining benefits; adding a definition for
contributing service to this article; adding a definition for the
terms retire and retirement to this article; providing for
correction of participating public employer errors by the board;
providing eligibility requirements for commencement of benefits;
specifying that the board must be in receipt of a request for
estimation of benefits prior to providing a member with an
explanation of their estimated gross monthly annuity and a
retirement application; providing that a member shall have at least
ten years of contributing service to qualify for nonduty related
disability retirement; specifying that the total nonduty disability
award received by a member shall be based on their average monthly
compensation during the twelve month period immediately preceding
the disability award; providing that all costs associated with
disability benefit examinations shall be paid from the board’s
expense fund; providing that disability benefits shall cease on the
first day of the month following termination of disability by the
board; requiring annual disability recertification for a retirant
who is less than sixty years of age during the first five years of
retirement and once every three years thereafter; providing that if
a member who is receiving a nonduty disability benefit dies the
surviving spouse shall receive the average monthly compensation
received by the member prior to the disability award; and providing
for the annuity calculation for a member who returns to covered
employment after retirement.

At the request of Senator Unger, and by unanimous consent, the
message was taken up for immediate consideration and reference of
the bill to a committee dispensed with.

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. Com. Sub. for House Bill No. 2809--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated, §25-8-1, relating to authorizing the Division
of Corrections to implement a responsible parent program pilot
project; setting forth requirements to participate in the program;
setting forth program goals; and requiring a report.

Referred to the Committee on the Judiciary; and then to the
Committee on Finance.

A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 2945--A Bill to amend and
reenact §12-4-14a of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new section, designated
§33-3-33a, all relating to the distribution of state funds to
volunteer fire departments under the Volunteer Fire Department
Workers' Compensation Subsidy Program generally; specifying that
the subsidy provided to volunteer fire departments to offset
certain workers' compensation premium increases apply to increases
attributable to the fire fighting service, rapid response emergency
medical service, ambulance service and diving service components of
the services provided by volunteer fire departments; establishing
the Volunteer Fire Department Workers' Compensation Premium Subsidy
Fund and directing that certain moneys be deposited into the fund
for the program; and requiring reviews, assessments and reports to
the Legislature prior to termination of the program.

Referred to the Committee on Finance.

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. House Bill No. 2992--A Bill to repeal §60-9-3 of the Code
of West Virginia, 1931, as amended; and to amend and reenact
§60-9-4 and §60-9-6 of said code, all relating to eliminating
duplicative reporting requirements imposed on distributors of
imported cigarettes.

Referred to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. House Bill No. 3013--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §4-2B-1, relating to authorizing the establishment of
job creation work groups to obtain information to assist the
Legislature's efforts to take effective action to increase and
attract jobs in West Virginia.

At the request of Senator Unger, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

House Concurrent Resolution No. 79--Requesting the Division of
Highways to name bridge number 30-119-0.01 on Route 119 in Mingo
County, the "Joe Curtis (Joey) Dingess Memorial Bridge”.

Referred to the Committee on Transportation and
Infrastructure.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

House Concurrent Resolution No. 85--Requesting the Division of
Highways to rename the Roderfield Box Beam Bridge, bridge number
24-52-12.79 crossing over Spice Creek in McDowell County, the
"Carnie L. Spratt Memorial Bridge”.

Referred to the Committee on Transportation and
Infrastructure.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

House Concurrent Resolution No. 89--Requesting the Division of
Highways to name bridge number 10-27-0.01, currently known as Pax
Bridge, on County Route 27 in Pax, West Virginia, the “Navy AD3
Jack Lively Memorial Bridge”.

Referred to the Committee on Transportation and
Infrastructure.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

House Concurrent Resolution No. 91--Requesting the Division of
Highways to name the stretch of County Highway 5, also known as Mud
Fork Road, in Logan County, West Virginia, beginning at the
intersection of County Road 119/26 and County Road 119/14,
continuing NW for 10.6 miles and ending at the intersection of
County Highway 5 and East Fork Road, the “Platoon Sgt Clifford
Tomblin Highway, United States Army”.

Referred to the Committee on Transportation and
Infrastructure.

The Senate proceeded to the fourth order of business.

Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:

Your Committee on Finance has had under consideration

Senate Bill No. 65, Exempting PERS retirement income of DNR
police officers from state income tax.

And reports the same back with the recommendation that it do
pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:

Your Committee on Transportation and Infrastructure has had
under consideration

And reports back a committee substitute for same with the
following title:

Com. Sub. for Senate Bill No. 90 (originating in the Committee
on Transportation and Infrastructure)--A Bill to amend and reenact
§17C-5-2 of the Code of West Virginia, 1931, as amended, relating
to making it a felony to drive a vehicle while under the influence
of alcohol, controlled substance or other drug and cause serious
bodily injury to another person under certain circumstances;
defining “serious bodily injury”; making technical corrections; and
establishing penalties for first and subsequent violations of
certain provisions.

With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.

Respectfully submitted,

Robert D. Beach,

Chair.

At the request of Senator Beach, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 90) contained in the
preceding report from the Committee on Transportation and
Infrastructure was taken up for immediate consideration, read a
first time, ordered to second reading and, under the original
double committee reference, was then referred to the Committee on
the Judiciary.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Senate Bill No. 110, Limiting certain property reappraisal
increase.

And reports back a committee substitute for same with the
following title:

Com. Sub. for Senate Bill No. 110 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §11-1C-9
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §11-3-1, §11-3-15c and §11-3-15d of said code, all relating
to phasing in any assessment of property if there is an increase in
the assessment after valuation for the property of more than
twenty-five percent; clarifying that the limitation does not apply
to natural resources property or to property upon which
improvements have been made; and increasing the time to file a
petition in response to notice of an increased assessment of
certain real and personal property.

And reports back a committee substitute for same with the
following title:

Com. Sub. for Senate Bill No. 492 (originating in the
Committee on the Judiciary)--A Bill to repeal §29-25-7 of the Code
of West Virginia, 1931, as amended; to amend and reenact §29-25-1,
§29-25-2, §29-25-3, §29-25-5, §29-25-6, §29-25-9, §29-25-12,
§29-25-15, §29-25-18, §29-25-19, §29-25-20, §29-25-21, §29-25-24,
§29-25-28, §29-25-29, §29-25-30, §29-25-31, §29-25-32, §29-25-34,
§29-25-35, §29-25-37 and §29-25-38 of said code; and to amend said
code by adding thereto two new sections, designated §29-25-22b and
§29-25-22c, all relating to gaming facilities; authorizing gaming
facilities; permitting a rural resort community as limited gaming
facility; defining terms; creating the Rural Resort Community Fund
and Rural Resort Community Human Resource Benefit Fund; providing
for the regulation and control of a rural resort community; and
repealing the local option provision of this article.

And reports back a committee substitute for same with the
following title:

Com. Sub. for Senate Bill No. 628 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §62-12-5a, relating to authorizing the Supreme Court of
Appeals to establish a special pilot program for the appointment of
additional probation officers in up to five circuits to address
truancy.

With the recommendation that the three committee substitutes
do pass; but under the original double committee references first
be referred to the Committee on Finance.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 110, 492 and 628)
contained in the preceding report from the Committee on the
Judiciary were each taken up for immediate consideration, read a
first time, ordered to second reading and, under the original
double committee references, were then referred to the Committee on
Finance.

Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:

Your Committee on Finance has had under consideration

Senate Bill No. 118, Creating I Support Veterans license
plate.

And reports the same back with the recommendation that it do
pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:

Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:

Your Committee on Finance has had under consideration

Com. Sub. for Senate Bill No. 202 (originating in the
Committee on Agriculture and Rural Development), Creating WV Spay
Neuter Program and Fund.

And reports back a committee substitute for same with the
following title:

Com. Sub. for Com. Sub. for Senate Bill No. 202 (originating
in the Committee on Finance)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §19-20C-1, §19-20C-2 and §19-20C-3, all relating to
establishing the West Virginia Spay Neuter Assistance Program and
Fund; designating the Commissioner of the Department of Agriculture
to manage the program and fund; providing grants to nonprofit spay
neuter programs in state; limiting administrative expenses of fund;
requiring annual reporting; and authorizing rulemaking.

With the recommendation that the committee substitute for
committee substitute do pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:

And reports back a committee substitute for same with the
following title:

Com. Sub. for Com. Sub. for Senate Bill No. 324 (originating
in the Committee on Finance)--A Bill to amend and reenact §30-5-1a
and §30-5-16 of the Code of West Virginia, 1931, as amended; to
amend said code by adding thereto a new section, designated §30-5-16c; to amend and reenact §60A-3-301 of said code; and to amend
said code by adding thereto a new section, designated §60A-3-301a,
all relating to permits for manufacturing, making, producing,
packing, packaging or preparing drugs, medicines, toilet articles,
dentifrices and cosmetics and registration of practitioners
dispensing controlled substances; modifying fees associated with
the permits; granting rule-making authority to the Board of
Pharmacy to establish a fee schedule for obtaining and maintaining
the permit; providing that statutory fee schedule will remain in
effect until amended, modified, repealed or replaced by legislative
rule; clarifying disciplinary action that may be taken if condition
or rule relating to permit is violated; modifying registration fees
for practitioners dispensing controlled substances; granting rule-making authority to boards, departments and agencies that license
or register practitioners dispensing controlled substances; and
providing that statutory fee schedule for registering practitioners
dispensing controlled substances will remain in effect until
amended, modified, repealed or replaced by legislative rule.

With the recommendation that the committee substitute for
committee substitute do pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:

And reports back a committee substitute for same with the
following title:

Com. Sub. for Com. Sub. for Senate Bill No. 466 (originating
in the Committee on Finance)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §19-34-1, §19-34-2, §19-34-3, §19-34-4, §19-34-5, §19-34-6, §19-34-7, §19-34-8, §19-34-9 and §19-34-10, all relating to
the regulation of dangerous wild animals; setting forth findings
and purpose; defining terms; creating the Dangerous Wild Animal
Board; setting forth the duties of the board; requiring the board
to create a list of dangerous wild animals by rule; permitting the
board to issue a permit for a dangerous wild animal legally
possessed prior to the effective date of the rules; prohibiting the
possession of a dangerous wild animal thereafter; setting forth
permit requirements; providing for confiscation and disposition of
animals; permitting the suspension and revocation of permits;
providing exemptions; providing rule-making authority; and
establishing criminal and civil penalties.

With the recommendation that the committee substitute for
committee substitute do pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:

Your Committee on Transportation and Infrastructure has had
under consideration

Senate Bill No. 556, Relating to broadband deployment
projects.

And reports back a committee substitute for same with the
following title:

Com. Sub. for Senate Bill No. 556 (originating in the
Committee on Transportation and Infrastructure)--A Bill to amend
and reenact §31-15C-2, §31-15C-8, §31-15C-9 and §31-15C-10 of the
Code of West Virginia, 1931, as amended, all relating to broadband
deployment projects; clarifying that the Broadband Deployment
Council’s public outreach and education efforts extend beyond
unserved areas; revising the council’s guidelines on requests for
funding assistance; requiring the council to give priority to
funding type 3 unserved areas; requiring projects for broadband
service involving the construction of a network to meet the revised
definition of “broadband” before being approved; revising the
criteria for funding assistance applications; providing that
projects to promote demand may be on a regional or statewide basis;
revising notice and posting requirements; and defining and
redefining certain terms.

With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Government Organization.

Respectfully submitted,

Robert D. Beach,

Chair.

At the request of Senator Beach, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 556) contained in the
preceding report from the Committee on Transportation and
Infrastructure was taken up for immediate consideration, read a
first time, ordered to second reading and, under the original
double committee reference, was then referred to the Committee on
Government Organization.

Whereas, The State of West Virginia and the West Virginia
Child Care Association (WVCCA) have some of the best child welfare
professionals and agencies in the country; and

Whereas, These child welfare professionals and agencies have
dedicated their time to making life better for West Virginia’s
children who are at risk; and

Whereas, These West Virginia professionals and agencies have
a compassion that never ends, a hope for a better tomorrow and a
dedication to their efforts through the long haul; and

Whereas, These West Virginia professionals and agencies work
with West Virginia’s child welfare stakeholders to eliminate policy
barriers and day-to-day practices that reduce the effective
utilization of in-state resources; and

Whereas, Our state’s child welfare professionals and agencies
do everything possible to provide opportunities for West Virginia’s
kids at risk to receive care in West Virginia, where they can
remain in their communities, with their families and connected to
their support systems; and

Whereas, These professionals and agencies are regulated by the
State of West Virginia through legislation and by oversight of the
West Virginia Department of Health and Human Resources and
Department of Education; and

Whereas, Our state’s stringent licensing requirements and
standards of care ensure that children at risk in West Virginia are
receiving the best quality of care; and

Whereas, By using West Virginian child welfare professionals
and agencies our state is doing what is best for West Virginia’s
kids at risk and their families; and

Whereas, These West Virginia child care professionals and
agencies advocate for and deliver services and support to provide
for the safety, well being and opportunity for kids at risk to
achieve their hopes and dreams; and

Whereas, These professionals and agencies provide family-
driven, youth-guided, culturally competent and trauma-informed care
for the citizens of West Virginia; and

Whereas, The West Virginia professionals, who care for the at-
risk children in our state, and the organizations that exist to
impact the lives of these children and their families, provide
quality care in the kids’ and families’ communities; and

Whereas, This quality care is provided in a variety of
settings, including community agencies, hospitals, residential
group homes, foster families, emergency shelters and community and
educational institutions, and seeks to provide resources and
guidance that promotes the safety, well being and permanency of
West Virginia’s at-risk kids; and

Whereas, West Virginia’s child welfare providers dedicate
themselves to excellence in their profession through licensing,
advocacy, education and professional development; and

Whereas, The Senate recognizes and appreciates the outstanding
dedication, devotion and care of West Virginia’s child welfare
professionals and agencies, and of the West Virginia Child Care
Association, all for their caring and commitment and for making a
difference in the lives of at-risk children in the State of West
Virginia, their families and communities; therefore, be it

Resolved by the Senate:

That the Senate hereby designates March 28, 2013, as "West
Virginia Kids at Risk Day" at the Legislature; and, be it

Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials representing
the West Virginia Child Care Association.

At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.

On motion of Senator Unger, the Senate recessed for one
minute.

Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.

Petitions

Senator Sypolt presented a petition from Katrina Robinette and
numerous Keyser residents, requesting installation of a signal
light at the intersection of Stony Run Road and U. S. Route 220.

On first reading, coming up in regular order, was read a first
time and ordered to second reading.

Senate Bill No. 653, Establishing job creation work groups.

On first reading, coming up in regular order, was reported by
the Clerk.

On motion of Senator Unger, the bill was recommitted to the
Committee on Economic Development.

Eng. House Bill No. 2487, Prohibiting the use of laetrile.

On first reading, coming up in regular order, was read a first
time and ordered to second reading.

The Senate proceeded to the twelfth order of business.

Remarks were made by Senators Carmichael and Boley.

Thereafter, at the request of Senator McCabe, and by unanimous
consent, the remarks by Senator Carmichael were ordered printed in
the Appendix to the Journal.

At the request of Senator Barnes, unanimous consent being
granted, the remarks by Senator Boley were ordered printed in the
Appendix to the Journal.

Pending announcement of meetings of standing committees of the
Senate,

On motion of Senator Unger, the Senate recessed until 4:30
p.m. today.

Upon expiration of the recess, the Senate reconvened.

At the request of Senator Unger, and by unanimous consent, the
provisions of rule number fifty-four of the Rules of the Senate,
relating to persons entitled to the privileges of the floor, were
suspended in order to grant Corey Facemire, the son of the
Honorable Douglas E. Facemire, a senator from the twelfth district,
privileges of the floor for the day.

At the request of Senator Unger, unanimous consent being
granted, the Senate returned to the fourth order of business.

Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Senate Bill No. 421, Exempting certain school mascot from
prohibition of firearms possession on school grounds.

And reports back a committee substitute for same with the
following title:

Com. Sub. for Senate Bill No. 421 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §61-7-11a
of the Code of West Virginia, 1931, as amended, relating to
providing an exemption for the official mascot of Parkersburg South
High School, commonly known as the Patriot, which would allow the
mascot to carry a musket on school grounds when the mascot is
acting in his or her official capacity.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Senator Plymale, from the Committee on Education, submitted
the following report, which was received:

Your Committee on Education has had under consideration

Senate Bill No. 444, Increasing MU and WVU foundation
investments.

And reports back a committee substitute for same with the
following title:

Com. Sub. for Senate Bill No. 444 (originating in the
Committee on Education)--A Bill to amend and reenact §12-1-12d of
the Code of West Virginia, 1931, as amended; to amend and reenact
§18B-1B-4 of said code; to amend and reenact §18B-2A-1 and
§18B-2A-3 of said code; to amend and reenact §18B-7-11 of said
code; to amend and reenact §18B-19-10 of said code; and to amend
said code by adding thereto a new section, designated §18B-19-19,
all relating to higher education generally; increasing the amounts
that Marshall University and West Virginia University may have
invested with their respective foundations under certain
conditions; authorizing certain actions by certain state
institutions of higher education regarding capital projects and
facilities and capital project financing; exempting compensation
packages of certain institutional presidents from certain approval
process; clarifying that certain members of institutional governing
boards are eligible to succeed themselves under certain conditions;
collecting, synthesizing and disseminating data from state
institutions of higher education; directing institutional boards of
governors to cooperate in certain data-related operations;
providing certain privacy protections for data; exempting the West
Virginia Policy Commission and West Virginia Council for Community
and Technical College Education from meeting certain employee
ratios; authorizing the use of proceeds from rentals and leases of
real property at state institutions of higher education and
providing for the transfer of real property to other public bodies;
and exempting certain institutional boards of governors from
certain approval process related to capital facilities and
requiring certain reports.

With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.

Respectfully submitted,

Robert H. Plymale,

Chair.

At the request of Senator Plymale, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 444) contained in the
preceding report from the Committee on Education was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Com. Sub. for Senate Bill No. 498 (originating in the
Committee on Government Organization), Relating to hearing location
for Alcohol Beverage Control Administration's appeal hearings.

And reports back a committee substitute for same with the
following title:

Com. Sub. for Com. Sub. for Senate Bill No. 498 (originating
in the Committee on the Judiciary)--A Bill to amend and reenact
§11-16-24 of the Code of West Virginia, 1931, as amended; to amend
and reenact §60-3A-28 of said code; to amend and reenact §60-7-13a
of said code; and to amend and reenact §60-8-18 of said code, all
relating to hearing procedures for certain licenses issued by the
Alcohol Beverage Control Administration; requiring that appeals
from the commissioner’s decision regarding disciplinary action
against a licensee are to be brought in the circuit court of
Kanawha County or the circuit court in the county where the
proposed or licensed premises is located and will or does conduct
sales; and providing that the licensee appealing the commissioner’s
decision is required to pay the costs and fees incident to
transcribing, certifying and transmitting records pertaining to the
appeal.

With the recommendation that the committee substitute for
committee substitute do pass.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Senate Bill No. 515, Relating to use of television receivers
and other devices in vehicles.

And reports the same back with the recommendation that it do
pass.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

And reports back a committee substitute for same with the
following title:

Com. Sub. for Senate Bill No. 527 (originating in the
Committee on the Judiciary)--A Bill to repeal §3-10-4a of the Code
of West Virginia, 1931, as amended; and to amend and reenact §3-10-1, §3-10-2, §3-10-3, §3-10-3a, §3-10-4, §3-10-5, §3-10-6, §3-10-7
and §3-10-8 of said code, all relating to filling vacancies by
appointment or election in certain elected offices; defining terms;
setting procedures for appointing persons to fill certain
vacancies; requiring certain appointments within a certain period
of time; listing time periods and certain offices where elections
must be held to fill certain vacancies; setting special
requirements for filling vacancies in certain offices; setting
procedures for certain special elections; setting requirements for
special filing periods, where necessary; requiring certain notice
be given regarding elections to fill vacancies; providing for
payment of costs if a new election is necessary; allowing
nomination of certain persons without party affiliation; allowing
emergency orders by the Secretary of State in certain
circumstances; removing and repealing certain language relating to
previous elections; clarifying method used to fill vacancies in the
Office of Governor; permitting meeting of the Judicial Vacancy
Advisory Commission upon certain formal announcements of retirement
or resignation; adjusting method to fill vacancies in certain
statewide, legislative and judicial offices such that the timing
for all are consistent; adjusting method to fill vacancies in
United States Congress; requiring most elections to fill vacancies
be held in conjunction with regularly scheduled elections;
clarifying method used to fill vacancies in certain county offices;
permitting vacancies in certain county offices to be filled by
temporary replacements for no more than thirty days; and updating
language regarding filling vacancies in certain elected offices.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 527) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Senator Plymale, from the Committee on Education, submitted
the following report, which was received:

Your Committee on Education has had under consideration

Senate Bill No. 575, Computing local county share of public
education library funding.

And reports back a committee substitute for same with the
following title:

Com. Sub. for Senate Bill No. 575 (originating in the
Committee on Education)--A Bill to amend and reenact §18-9A-11 of
the Code of West Virginia, 1931, as amended, relating to providing
for equal treatment of county boards of education in funding public
libraries as a part of the system of public education; modifying
legislative findings; removing provisions pertaining to certain
library funding obligations being paid from the county board’s
discretionary retainage; requiring that any additional levy of a
county board include a public library funding allocation equal to
at least one percent of the county board’s annual general current
expense budget; adding special acts that create a library funding
obligation on an additional levy to those special acts that are
subject to certain provisions pertaining to the additional levy;
and removing provisions pertaining to the transfer of a library
obligation so that it becomes an excess levy obligation.

With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.

Respectfully submitted,

Robert H. Plymale,

Chair.

The bill (Com. Sub for S. B. No. 575), under the original
double committee reference, was then referred to the Committee on
Finance.

Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under
consideration

Senate Bill No. 580, Relating to practice of dentistry.

And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Government Organization.

Respectfully submitted,

Ron Stollings,

Chair.

At the request of Senator Stollings, unanimous consent being
granted, the bill (S. B. No. 580) contained in the preceding report
from the Committee on Health and Human Resources was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Government Organization.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Senate Bill No. 582, Implementing terms of Uniform Arbitration
Act.

Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 27, 2013;

And reports the same back with the recommendation that it do
pass.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

Your Committee on Government Organization has had under
consideration

Senate Bill No. 586, Transferring authority to license
cosmetology, barber and massage schools to Council for Community
and Technical College Education.

And reports back a committee substitute for same with the
following title:

Com. Sub. for Senate Bill No. 586 (originating in the
Committee on Government Organization)--A Bill to repeal §30-27-15
of the Code of West Virginia, 1931, as amended; to amend and
reenact §30-27-3, §30-27-5, §30-27-8, §30-27-11 and §30-27-12 of
said code; and to amend and reenact §30-37-7 of said code, all
relating to the Board of Barbers and Cosmetologists; licensing
schools of aesthetics, barbering, cosmetology, manicuring and
massage; transferring authority to approve licensure for certain
schools; clarifying powers and duties of the board; providing
requirements for professional licensing, license renewal and work
permits; establishing certain student registration requirements;
and providing definitions.

With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Education.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Plymale, as chair of the Committee
on Education, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Government Organization.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

And reports back a committee substitute for same with the
following title:

Com. Sub. for Senate Bill No. 610 (originating in the
Committee on Government Organization)--A Bill to repeal §28-3-1a,
§28-3-1b, §28-3-2, §28-3-4, §28-3-5, §28-3-6, §28-3-7, §28-3-8,
§28-3-9, §28-3-10, §28-3-11, §28-3-12, §28-3-13, §28-3-14,
§28-3-15, §28-3-16, §28-3-17 and §28-3-18 of the Code of West
Virginia, 1931, as amended; to amend and reenact §25-1-3 of said
code; and to amend and reenact §28-3-1 of said code, all relating
to state correctional and penal institutions; renaming the
Industrial Home for Youth the Salem Correctional Center;
transferring control of the Salem Correctional Center to the
Division of Corrections; and authorizing the Parkersburg
Correctional Center and placing it under the control of the
Division of Corrections.

And reports back a committee substitute for same with the
following title:

Com. Sub. for Senate Bill No. 630 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§5A-6-4a of the Code of West Virginia, 1931, as amended, relating
to duties of the Chief Technology Officer with regard to security
of government information; adding the Division of Protective
Services and the West Virginia Intelligence Fusion Center to the
list of agencies exempted from the control of the Chief Technology
Officer; and adding the Treasurer to the list of officers whose
responsibilities cannot be infringed upon by the Chief Technology
Officer.

With the recommendation that the two committee substitutes do
pass.

Respectfully submitted,

Herb Snyder,

Chair.

Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:

And reports back a committee substitute for same with the
following title:

Com. Sub. for Senate Bill No. 624 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §61-5-29
of the Code of West Virginia, 1931, as amended, relating to
adjusting penalties for willful failure to pay child support;
requiring probation and home confinement instead of confinement in
a correctional facility for first violations; creating the
misdemeanor offense of a second conviction of willfully failing to
pay child support; creating a felony offense of a third or
subsequent conviction of willfully failing to pay child support;
and requiring certain persons convicted of willfully failing to pay
child support to promptly obtain employment or register with
Workforce West Virginia and complete certain programs.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:

And reports back a committee substitute for same with the
following title:

Com. Sub. for Senate Bill No. 638 (originating in the
Committee on Finance)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§11-13A-22, relating to exemptions from the tax on the privilege of
severing natural gas and oil; terminating a severance tax exemption
for natural gas or oil produced from any horizontally drilled well
that has not produced marketable quantities for five consecutive
years immediately preceding the year in which such well is placed
back into production and thereafter produces marketable quantities
of natural gas or oil; providing an exception thereto; and
specifying a controlling effective date.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Senate Bill No. 643, Relating to crime victim compensation
awards.

And reports back a committee substitute for same with the
following title:

Com. Sub. for Senate Bill No. 643 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §14-2A-3,
§14-2A-9 and §14-2A-12 of the Code of West Virginia, 1931, as
amended, all relating to compensation awards to victims of crimes;
redefining terms; increasing the amount of victim relocation costs;
permitting a victim’s reasonable travel costs to attend probation
hearings of the offender; allowing student loans obtained by a
victim to be treated as a lost scholarship in certain instances;
permitting the Court of Claims to hire more than two claim
investigators; and permitting claim investigators to acquire
autopsy reports, including toxicology results, from the State
Medical Examiner.

With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 643) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee references, was
then referred to the Committee on Finance.

Senator Plymale, from the Committee on Education, submitted
the following report, which was received:

Your Committee on Education has had under consideration

Senate Bill No. 648, Providing students financial aid for
certain degrees in return for state service commitment.

And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.

Respectfully submitted,

Robert H. Plymale,

Chair.

At the request of Senator Plymale, unanimous consent being
granted, the bill (S. B. No. 648) contained in the preceding report
from the Committee on Education was taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee reference, was then referred to
the Committee on Finance.

Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under
consideration

Eng. House Bill No. 2463, Repealing the article that permits
the sterilization of persons deemed to be mentally incompetent.

And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.

Respectfully submitted,

Ron Stollings,

Chair.

The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.

The Senate proceeded to the eleventh order of business and the
introduction of guests.

Pending announcement of meetings of standing committees of the
Senate,

On motion of Senator Unger, the Senate adjourned until
tomorrow, Friday, March 29, 2013, at 11 a.m.